What Article 38 of the CAO of Ukraine Means in Simple Terms

Article 38 of the CAO sets the timeframes during which an authorized body or court can impose an administrative penalty on a person. In other words, this provision answers the practical question: how much time does the state have to bring a person to administrative responsibility.

The official name of the provision is “Time Limits for Imposing Administrative Penalties.” The current text should be checked specifically in the current version of Article 38 of the CAO on the website of the Verkhovna Rada of Ukraine, as it has been amended multiple times in recent years.

For most administrative offenses, two basic periods apply:

• two months from the date of the offense – if the case is considered by an authorized body or official;
• three months from the date of the offense – if the case is under the jurisdiction of the court;
• two or three months from the date of detection – if the respective offense is of a continuing nature;

Thus, the common phrase “the statute of limitations under the CAO is three months” is not always correct. The specific article, the body considering the case, the nature of the violation, and the presence of special time limits matter.

How to Calculate the Time Limit under Article 38 of the CAO

To properly apply Article 38 of the CAO, it first is necessary to determine the day the administrative offense was committed.

If it is a one-time action, the count usually starts from the day it was committed. If the offense is continuing, the law links the start of the period to the day of its detection.

What Does Continuing Offense Mean

A continuing offense should not be confused with an offense whose consequences simply persist for some time.

It refers to a situation where the unlawful state or failure to perform a duty provided by law actually continues over time. However, whether a specific violation is continuing must be decided taking into account the composition of the offense and the circumstances of the case.

For example, the mere fact that consequences of certain action remained after a month does not automatically allow starting the period count from the day the authority learned of them.

What Special Time Limits Does Article 38 of the CAO Establish with Amendments

The modern Article 38 of the CAO with amendments is much broader than the rule about two or three months. The law sets separate time limits for several categories of administrative cases.

In the current version, among other rules, the following apply:

• under Articles 173-2 and 173-6 of the CAO – six months from the date of the offense;
• for offenses related to corruption, as well as under Articles 51, 212-15, and 212-21 – six months from date of detection, but no later than two years from the date of the offense;
• under Articles 204-1 and 204-2 – three months from detection, but no later than one year from the date of the offense, with a special rule for certain foreigners and stateless persons;
• under Article 130 of the CAO – one year from the date of the offense;
• under parts three to six of Article 164-14 – one year from detection, but no later than two years from the offense date;
• under parts one to four of Article 188-19 – one year from the date of the offense;
• under Articles 210 and 210-1 during a special period – three months from detection but no later than one year from the offense date;
• under parts twelve and thirteen of Article 212-3 – one year from the date of the offense;

This is directly provided by the current version of Article 38 of the Code. Therefore, before calculating the period, you first need to find the exact article and part of the CAO under which the person is brought to responsibility.

Article 38 of the CAO and Article 130

For drivers, an especially important exception concerns Article 130 of the CAO. If the case relates to an offense provided for by this article, not the general three-month period for court cases applies, but one year from the day the offense was committed.

Thus, the calculation “three months have passed – the case should be closed” for Article 130 is incorrect.

Article 38 of the CAO and TC Offense Fines

A separate rule applies to administrative offenses under Articles 210 and 210-1 of the CAO if committed during a special period.

A penalty may be imposed within three months from the date the offense was detected, but no later than one year from the date of its commission. This rule was introduced after changes made by Ukrainian Law No. 3696-IX dated May 9, 2024.

Here, two time limits operate simultaneously. It is necessary to determine both the date of the offense and the date of its detection.

Therefore, the popular wording “the TC fine expires after three months” does not reflect the law’s content. Three months count from the date of detection, but simultaneously there is a maximum limit – no later than one year from the date of the respective offense.

What Happens After the Expiration of the Period under Article 38 of the CAO

The expiration of the period has a specific legal consequence.

Article 247 of the CAO provides that proceedings cannot be initiated, and if started, must be closed, if the periods established by Article 38 have expired by the time of case consideration. The official instruction of the Ministry of Internal Affairs also explicitly states: if the period has expired by the date of consideration, the case is closed without imposing the administrative penalty.

For a citizen, the process to check the case looks like this:

1. Identify the exact article and part of the CAO indicated in the protocol, decision, or other materials.
2. Check the date the offense was committed.
3. Determine whether the specific offense is considered continuing.
4. If it matters – establish the date the offense was detected by the authorized body.
5. Check who should consider the case – the court or another body.
6. Determine whether Article 38 establishes a special time limit for this category of offenses.
7. Compare the obtained deadline with the date when the penalty is actually imposed.

This sequence allows understanding whether the periods have indeed expired. The mere fact that three months have passed from the event does not automatically mean the closure of any administrative case.

What Rights Does Article 38 of the CAO Give to a Citizen

The Article 38 of the CAO itself mainly sets time limits for the state. It does not contain a separate list of individual’s rights, as, for example, Article 268 of the CAO does, but its application directly affects the protection of a person in a case.

If there are grounds to believe that the period has already expired, a person may:

• draw the authorized body or court’s attention to the date of the offense or detection;
• submit a petition to close the proceedings due to the expiration of the periods;
• provide their calculation of the period and add documents confirming the relevant dates;
• dispute the unjustified classification of a one-time offense as continuing;
• appeal the decision in the manner prescribed by law if they believe the penalty was imposed with violations of the time limits;

The mere presence of such a petition does not mean automatic case closure. The court or authorized body must establish the actual circumstances and apply the respective legal norm.

Does Article 38 Create Separate Obligations for the Citizen?

No. Article 38 defines time limits for imposing administrative penalties and does not establish a new independent obligation for the person.

Expiration of the period also does not mean that the act that violated the law becomes lawful. It means something else – after the expiry of the established period, an administrative penalty for the specific offense cannot be imposed under the procedure provided by the CAO.

Does an Administrative Fine Expire After Three Months

No. It is important here to distinguish imposition of a penalty from execution of an already issued decision.

Article 38 regulates the period during which the penalty must be imposed. If a fine decision has already been timely issued, questions of its entry into force, payment, enforcement, and appeal are regulated by other provisions of the CAO.

Therefore, the question “after how much time does an administrative fine expire” is legally imprecise. The expiration of periods under Article 38 and non-payment of an already imposed fine are different situations.

If Criminal Proceedings Were Closed

Article 38 contains a special rule for such a situation as well.

If criminal proceedings are closed, but the person’s actions still have signs of an administrative offense, an administrative penalty can be imposed no later than three months from the day the decision to close the criminal proceedings was made.

In this case, the date of the decision to close the criminal proceedings is key for counting the special three-month period.

Article 38 of the CAO with Amendments 2021 and Article 38 of the CAO 2022 – Are Older Versions Relevant?

Search queries such as “Article 38 CAO with amendments 2021” and “Article 38 CAO 2022” still appear. For historical analysis, these versions may be needed, but using them to determine the current time limits in a modern case without checking current legislation is risky.

After 2021–2022, Article 38 has been amended repeatedly. In particular, a separate one-year period for Article 130 appeared as a result of legislative changes in 2021, and in 2024 the Code was supplemented with new rules regarding Articles 210, 210-1, 173-2, 173-6, and other categories of cases. The current text already accounts for further changes.

Therefore, for a case currently being considered, one should rely on the current version of the CAO and the law version applicable to the specific circumstances.

Frequently Asked Questions about Article 38 of the CAO